86R8531 JCG-D
By: Collier H.B. No. 1202
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal offense of theft of
service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.04, Penal Code, is amended by
amending Subsection (d-1) and adding Subsection (d-2) to read as
follows:
(d-1) For purposes of Subsection (a)(3), the term "written
rental agreement" does not include an agreement that:
(1) permits an individual to use personal property for
personal, family, or household purposes for an initial rental
period;
(2) is automatically renewable with each payment after
the initial rental period; and
(3) permits the individual to become the owner of the
property.
(d-2) For purposes of Subsection (a)(4):
(1) if the compensation is or was to be paid on a
periodic basis, the intent to avoid payment for a service may be
formed at any time during or before a pay period; and
(2) the partial payment of wages alone is not
sufficient evidence to negate the actor's intent to avoid payment
for a service.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2019.